Friday, June 24, 2011

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Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi My wife went for H4 visa stamping in New Delhi embassy ...

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varumo_varatho

12-25 10:58 AM

Varumo_varatho,

Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

On the topic, the thread opener can talk with his lawyer on what i posted.

Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

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singhsa3

08-14 11:02 PM

This will be mass distributed with the flyers.

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samir

04-27 08:48 PM

Hi,

Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name. Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India. Thanks inadvance

Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.

Link to this service provided by the Consulate General in San Francisco http://www.cgisf.org/visa/indian_services.html#mis-bc

This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.

The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.

I am going to discredit one argument in his article:

He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.

More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.

That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.

The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.

Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.

The full article was published recently on all major media outlets including CNN, MSNBC and USA today.

http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/

http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm

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vicky007

05-10 12:16 PM

Sorry, the link is not working anymore.

But here is the complete report of the proposed measure:

WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.

Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.

Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.

What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.

Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.

Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.

The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.

Employers are wary of the system Congress wants them to use and say it would be unreliable.

"What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.

Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.

"This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.

Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.

U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.

All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.

A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.

The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.

Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.

Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.

To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.

The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.

Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.

The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.

President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.

Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.

"Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".

I am still at awe and can't believe ... probably will never do until I get the physical card.

For those interested: EB3 ROW - Dec 2004 (first application was April 2001) I filed 765 and 485 in June of this year

Congrats!!!!:cool:

I remember you because you created the "June 1st filers - receipt " thread.

I hope many approvals come soon.

I would appreciate detailed signature will help us.

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insbaby

09-22 10:15 AM

I was in a consulting field with employer taking 30% and me getting 70%.

He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

My question is why not he acted immediately after knowing the error? Why should I pay for somebody's mistake?

Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.

If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.

If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.

You have to check with experts, whether this additional benefits are employer's responsibility.

As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.

All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.

My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

"H-1B May-22-2007 (validity of ppt)"

i just saw this today 03/05/08....somebody please tell me they know what to do in this case.... 1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky? 2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out 3) do i need to file for an extention? 4)do i need some sort of petition?

The letter does not say anything. It just says that your I-485 is denied. It does not give nay reason. It does not even say to appeal..

Thanks

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trips2010

08-27 07:36 PM

Any one get refund from USCIS ?? I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

any one sent letter for refund before ? do we have any form for refund ? How this will work out ?

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mheggade

01-08 08:36 AM

I hear SAP Functional jobs are very short term though you make good money. Some companies want you to be ready for 100% travel.

mihird

09-26 04:29 PM

Ur missing the point. The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #. As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country. As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc. But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1. Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..

desi3933

06-25 04:33 PM

>> 1. What was your original I-94 date before H-1B amendment was filed by Company A? September 30 2009 >> 2. What was amendment for? amendment is for change in annual salary >> 3. Why H-1B amendment was denied? The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

>> Can I work after Company B files MTR? No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

Good Luck.

_______________________ Not a legal advice. US citizen of Indian origin